Stryker Settlement: Will I receive compensation for lost earnings?
Hi, this is Stewart Talley. I am the partner here responsible for the Stryker Rejuvenate and ABG 2 litigation. One of the questions that many of our clients have asked us is whether the settlement that is currently in place will take into account lost earnings. Many of our clients had revision surgery and, as a result of that surgery, they had to miss work for a substantial period of time. Some clients have been so injured by the tissue damage caused by their Stryker Rejuvenate that they can no longer work anymore. Many of them had physical jobs and can’t work anymore and so they have lost future earnings. Now the settlement that is in place right now provides additional compensation for people with lost earnings. Now to qualify, the lost earnings have to be at least 20 percent of the two year average of your combined earnings prior to your revision surgery. So an example would be, lets say you make a hundred thousand dollars a year. What we would do is we’d look at the amount you made during the two-year period before your revision surgery. So if you had a hundred thousand and each you would have two hundred thousand dollars in total earnings, now 20 percent of that would be 40,000 dollars. For many people that’s not a problem because of the future lost earnings aspect of this. Now what’s important to know is that lost earnings are capped at two hundred thousand dollars, so the most you can get is two hundred thousand dollars. Also, under the settlement agreement, there is a deduction from lost earnings for any amount that you have received from BroadSpire to compensate you for lost earnings. So it’s important to take that into consideration. Now, proving what your lost earnings are can be complex and it’s important to have a lawyer on board to sort of make the best showing possible so that you get as much as you can from this lost earnings prong of the settlement. If you have a Stryker Rejuvenate or ABG II hip and you qualify for the settlement, we would be happy to help you at Kershaw Tally. We have a lot of these cases, we have a lot of experience dealing with hip cases and settling those cases. You can reach us at the phone number on your screen or you can visit our website and fill out one of our online forms.